120 Iowa 680 | Iowa | 1903
Two objections to the action of the district court are raised by the argument for appellants: First, did the fact that a prior petition for consent had been presented to the board of supervisors during the year, which had been withdrawn before being finally acted upon, render it illegal for the board to approve the petition for consent which was finally approved? and, second, did the trial court err in considering the petition, in the absence of evidence that the persons who made affidavits to the signing of the names on the petition were reputable persons, or in refusing to receive evidence that they were not reputable, in view of an admission made on the trial of the case that a sufficient number of genuine signatures of names of persons legally voting at the preceding election were attached to such petition to constitute a majority of the legal voters of the county, as required by Code, section 2452?
I. It is provided in Code, section 2450: “Only one • statement of general consent from any county, city, or town * * * therein entitled to file the same shall be canvassed by the board of supervisors in any one year.” The record shows that on December 30, 1899, a statement of consent was filed in the office of the auditor of Polk county, and notice was published of the canvass thereof to be made January 17,1900. Whether or not this notice was sufficient is, in the view we take of the case, immaterial. The hearing was continued from time to time, and subsequent notices were given, but before the statement thus filed was finally canvassed .by the board of supervisors, to wit, on the 28th day of February, 1900, another statement was filed, and finally acted upon after due notice, the statement of consent first filed having been withdrawn in the meantime on the last day fixed by the board of supervisors by continuance for the consideration thereof.
The contention for appellants is, practically, that when one statement of consent is filed, on which, by proper pro-
II. The stipulation already referred to which was entered into by attorneys with a view to the trial of this matter in the district court on appeal, contains admissions' as to the population of the- city, the number of ‘votes cast at the preceding general election and the number of genuine signatures to the statement; and it is conceded that these admissions are such as to .show the sufficiency of the*
It is evident that the object of the legislature in adopting this provision was to secure a genuine statement —that is, one signed by the requisite number of qualified
'Finding no error in the action of the lower court, its judgment is appirmed.